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Handling Delays & Denials

Handling Delays & Denials

Not every NICS check comes back as "Proceed." Here is what to do when you get a Delayed or Denied result.

Delayed

A Delayed response means NICS needs more time to complete the background check. This does not mean the customer is prohibited — it just means the system could not give an immediate answer.

What to Do During a Delay

  1. Do not transfer the firearm. The gun stays in your possession.
  2. Inform the customer that the background check is delayed and you are waiting for a final answer.
  3. Record the NTN and the delay on the 4473.
  4. Hold the firearm and the POS order open.
  5. Wait for NICS to provide a final response (Proceed or Denied).

The Brady Transfer Date (3-Business-Day Rule)

If 3 business days pass after the NICS check was initiated and you have not received a final Proceed or Denied response, federal law allows (but does not require) you to complete the transfer. This is called the Brady Transfer Date.

  • Business days do not include weekends or federal holidays.
  • The day of the check does not count — counting starts the next business day.
  • Check your state law — some states require you to wait longer than 3 business days, or prohibit you from transferring on the Brady date altogether.

Important: Just because you can transfer after 3 business days does not mean you must. Many dealers choose to wait for a final answer to avoid potential issues. Consult your compliance officer or attorney about your shop's policy.

Denied

A Denied response means the transfer is prohibited. The customer cannot purchase the firearm.

What to Do After a Denial

  1. Do not transfer the firearm. Under no circumstances may you complete this sale.
  2. Inform the customer calmly and professionally. You can say: "The background check came back with a denial. I'm unable to complete this transfer."
  3. Let the customer know they have the right to appeal the denial directly with the FBI. Provide them with the appeal information:
    • FBI NICS Appeals: 1-877-324-6427
    • Online: www.fbi.gov/services/cjis/nics
  4. Process a refund if the customer already paid for the firearm. In the POS, look up the order and use the Refund function.
  5. Record the denial on the 4473 and in FastBound.
  6. Keep the 4473 on file — denied forms must still be retained per ATF requirements.

Record-Keeping for Delays and Denials

  • Keep the 4473 form regardless of outcome (Proceed, Delayed, or Denied).
  • Log the NICS result and NTN in FastBound.
  • If a delayed check is later denied after you already transferred on the Brady date, you may be contacted by ATF. Having thorough records protects your FFL.

Tip: Create a folder or binder specifically for delayed and denied 4473 forms. Keeping them separate from completed sales makes it easy to follow up and respond to any ATF inquiries.

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